IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 9049 OF 2014 (GM-RES) BETWEEN:
M/S. TARAPORE & COMPANY (A REGISTERED PARTNERSHIP FIRM UNDER INDIAN PARTNERSHIP ACT, 1932) "BELVEDERE COURT", 6, SPENCER ROAD, FRAZER TOWN BANGALORE-560 005.
REPRESENTED HEREIN BY ITS GENERAL MANAGER.
... PETITIONER (BY SRI. SRIRANGA S., SR. COUNSEL) AND:
1. EMPLOYEES STATE INSURANCE CORPORATION (A GOVERNMENT OF INDIA UNDERTAKING) REGIONAL OFFICE (KARNATAKA) NO.10, BINNYFIELDS, BINNYPET, BANGALORE-560 023 REPRESENTED BY ITS DEPUTY DIRECTOR 2. DEPUTY DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION (A GOVERNMENT OF INDIA UNDERTAKING) REGIONAL OFFICE (KARNATAKA) NO.10, BINNYFIELDS, BINNYPET, BANGALORE-560 023.
3. DEPUTY DIRECTOR EMPLYEES STATE INSURANCE CORPORATION (A GOVERNMENT OF INDIA UNDERTAKING) REGIONAL OFFICE (KARNATAKA) NO.83, PRIDE PLAZA, 5TH MAIN, CHAMARAJPET, BANGALORE-560 023. ... RESPONDENTS (BY SRI. ROSHAN JAIN, ADV. FOR SMT. GEETHADEVI M.P., ADV. FOR R1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DT.20.01.2014, ISSUED BY THE R1 TO THE PETITIONER VIDE ANN-Q.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Sri S.Ranga, learned Counsel for the petitioner.
Mr. Roshan Jain, learned Counsel for the respondents No.1 to 3.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks quashment of the notice dated 20.01.2014 issued by respondent No.1 to the petitioner as well as the communication dated 15.05.2013 by which the petitioner has been registered under the provisions of Employees State Insurance Act, 1948 (hereinafter referred to as ‘the Act’ for short).
3. When the matter was taken up today, learned counsel for the petitioner while inviting the attention of this Court to the averments made in paragraphs 12 and 13 of the objections filed on behalf of the respondents submitted that the respondents have taken the stand that the aforesaid provisions of the Act was made applicable with effect from 01.08.2015. It is also submitted that the aforesaid notification is the subject matter of challenge before the Hon’ble Supreme Court in SLP No.13351/2018 ‘BUILDERS ASSOCIATION OF INDIA VS. THE EMPLOYEES STATE INSURANCE CORPORATION’ and an order of stay has been granted on 06.07.2018. It is further submitted that in view of the aforesaid interim order, the respondents have not applied the provisions of the Act to the Construction Industry. Therefore, the impugned orders be quashed.
4. On the other hand, learned counsel for respondents No.1 to 3 did not dispute the submissions made by learned counsel for the petitioner and submitted that the issue is pending adjudication before the Supreme Court with regard to applicability of the Act to the Construction Industry.
5. I have considered the submissions made by the learned counsel for the parties and perused the records.
6. Admittedly, the provisions of the Act had been made applicable to the Construction Industry with effect from 01.08.2015. Therefore, the impugned notice dated 20.01.2014 and the communication dated 15.05.2013 cannot be sustained in the eye of law. The aforesaid communication and the notice are accordingly quashed. Needless to state that as and when the provisions of the Act are made applicable to the Construction Industry, the petitioner shall get himself registered under the provisions of the Act.
Accordingly, the petition is disposed of.
SD/- JUDGE akc/-